IMPLEMENTATION OF THE SETTLEMENT IS NOW COMPLETE. THE MATTER HAS BEEN FULLY AND FINALLY RESOLVED PURSUANT TO THE COURT APPROVED SETTLEMENT.
This action has been settled and the settlement has been approved by the Court on September 28, 2006.
Completed Applications had to be filed with the Court Appointed Adjudicator by December 1, 2006.
The Settlement Agreement requires that all Class Members seeking compensation file with a Court Appointed Adjudicator a completed Application Form.
The Application Form includes a Statutory Declaration which must be sworn.
Claims will be classified into four categories:
Category 1 – Class Members who suffered mild symptoms of salmonella poisoning/other illness;
Category 2 – Class Members who suffered moderate symptoms of salmonella poisoning/other illness;
Category 3 – Class Members who suffered serious symptoms of salmonella poisoning/other illness; OR
Category 4 – Class Members who suffered severe symptoms of salmonella poisoning/other illness.
The primary criterion differentiating between the Categories will be the length of time that the symptoms were experienced by the Class Member.
Class Members will receive a lump-sum award for general damages based on a classification of their claims.
The compensation schedule is as follows:
(a) Category 1 Class Members shall be entitled to compensation of $500.00 as general damages, plus any Special Damages as awarded by the Adjudicator;
(b) Category 2 Class Members shall be entitled to compensation of $3,000.00 as general damages, plus any Special Damages as awarded by the Adjudicator;
(c) Category 3 Class Members shall be entitled to compensation of $5,000.00 as general damages, plus any Special Damages as awarded by the Adjudicator;
(d) Category 4 Class Members shall be entitled to compensation of at least $5,000.00 as general damages, but no more than $50,000.00, such general damages amount to be determined by the Adjudicator, plus any Special Damages as awarded by the Adjudicator.
The maximum amount available to Class Members under the Settlement is $2,000,000.00 which represents the insurance policy limit available to respond to this claim.
All decisions of the Adjudicator are final and binding without any right of review or appeal.
To view a complete copy of the Settlement Agreement click where indicated below.
To view a copy of the Press Release announcing the settlement, click on the link below.
To review the Hamilton Spectator newspaper article (August 24, 2006), click on the link below.
Overview of Claim
A Statement of Claim was issued in the Ontario Superior Court of Justice on May 30, 2005, claiming damages for negligence and breach of duty against Royal Botanical Gardens and its Caterer, Compton & Greenland Fine Foods and Catering, in respect of food poisoning suffered by approximately 150 individuals who attended a Mother’s Day Brunch held at Royal Botanical Gardens on May 8, 2005.
The action is brought under the Class Proceedings Act, 1992 on behalf of a Class consisting of any person who suffered food poisoning as a result of consumption of contaminated food served at the Royal Botanical Gardens’ Mother’s Day Brunch.
The Statement of Claim, which contains allegations which have yet to be proven in Court, alleges that both Royal Botanical Gardens and its Caterer were negligent in the transportation, handling and preparation of food and in failing to ensure that the food served was safe for human consumption.
In its Statement of Defence file with the Court, the Royal Botanical Gardens denies liability to the plaintiff and essentially pleads that if damages and injuries were suffered, those damages and injuries were caused by reason of the negligence of Compton & Greenland Fine Foods and Catering.
The Royal Botanical Gardens pleads that Compton & Greenland Fine Foods and Catering was an independent contractor and not an employee or partner of the Royal Botanical Gardens and that the caterer had complete responsibility for the providing, preparation and service of any food on the Royal Botanical Gardens’ premises.
We are compiling a database of individuals who have been or might have been affected by the food poisoning.
If you have not already contacted us, we would appreciate hearing from you as it may assist us in pursuing this claim. You may contact us by e-mail, telephone, mail, courier, fax, etc.
If you would like more information regarding this claim or wish to be added to our database of claimants, you may e-mail us at: firstname.lastname@example.org.
You can contact us directly by telephone at Scarfone Hawkins LLP
You can contact us by fax at 905-523-5878.
Due to the volume of inquiries, please allow one week for a response.